Doty v. Russell & Pearl
New York Supreme Court
Motion to set aside execution. In 1821, the defendants obtained a judgment against the plaintiff for the costs of the defence of a suit prosecuted against them, amounting to $164,88. Subsequently another suit was brought by the plaintiff against Bussell alone, in which, on a heaving before íeferees, Russell set off the amount of the judgment in favor of himself and Pearl, the latler having assigned his interest in the same to Russell, against the demands of lhe plaintiff,…
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Motion to set aside execution. In 1821, the defendants obtained a judgment against the plaintiff for the costs of the defence of a suit prosecuted against them, amounting to $164,88. Subsequently another suit was brought by the plaintiff against Bussell alone, in which, on a heaving before íeferees, Russell set off the amount of the judgment in favor of himself and Pearl, the latler having assigned his interest in the same to Russell, against the demands of lhe plaintiff, and obtained a report in his favor for $64,52, on which he entered judgment in 1827. In December, 1829, Russell sued out…
1Opinion of the Court
By the Court,
Marcy, J.
The objection that this motion is too late cannot be sustained. The rule of law in reference to such objection relates generally to a mere irregularity, which is waived by a delay in seeking to correct it. But, looked at in that light, I doubt whether the objection could prevail; for it does not appear that after the party was apprized of the determination of the defendants to proceed on the execution, there was time to prepare for and make the motion previous to the first day of the last May term. The delay since has been waived. Another objection in its nature…
2Cited by9 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Andrews v. SmithNew York Supreme Court · 1832
- Bates v. LyonsNew York Court of Chancery · 1838
- Springs v. Pharr.Supreme Court of North Carolina · 1902
- Armour Bros. Banking Co. v. AddingtonCourt Of Appeals Of Indian Territory · 1896
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